All of the newly created downtown Hyannis zoning districts could come under design review similar to that of the Hyannis Main Street Waterfront Historic District if a proposal before the town council is approved.

The proposed Hyannis Village Design Review District seeks to create essentially the same review procedures as exist in the Main Street historic district, but under an administrative structure.

The effect would be an almost instant historic district, with all the authority to review projects for design and appropriateness.

Alterations to properties in the newly created Hyannis zoning districts, but outside the historic district, would be subject to reiew by a "design review officer." The review officer would have the authority to grant or deny certificates of appropriateness for "any exterior architectural feature subject to public view" as related to any "building, structure, setting or part thereof within the design review district."

Much of the proposal is modeled on the state's historic district act with regard to oversight and process, but draws its authority from Home Rule, not the state's Historic District Act.

Town Attorney Robert Smith said that creation of a historic district does not need to follow the state's act, as Home Rule provides ample authority to do so. Smith pointed to the City of Cambridge as an example of a community that has done so successfully.

The Purpose

The stated purpose of the ordinance is to "promote the educational, cultural, economic and general welfare of the inhabitants of the Town of Barnstable, and the Town's unique community character, through the preservation and protection of the distinctive characteristics of buildings, structures, and places significant in the history and architecture of Barnstable."

In an e-mail exchange with the Patriot, planning director Tom Broadrick wrote, "We realized after the zoning was almost all set that we would need some sort of design review outside of HHDC."

He explained that the site plan review process was considered and dismissed because it had "no teeth," and expanding the existing historic district through the state process was "a daunting but not insurmountable task." Broadrick likened the design review officer position to the zoning board's hearing officer, who handles applications under the town's accessory apartment program.

"All along we have wanted to do design review in a broader context throughout the town, so this is not really new," Broadrick wrote. "[I]t's just that now is our opportunity to set up some sort of structure." The zoning package approved by the town council in July spoke to design review with a role for the historic district commission within its boundaries, it did not suggest the type of administrative structure contemplated in the current proposal.

Two town councilors contacted about the proposal, including Greg Milne from Hyannis, were not familiar with it.

Ann Canedy of Barnstable Village said that she had "serious reservations" about the draft after a preliminary review.

Town Manager John Klimm referred comments on the plan to the staff that developed the language, saying that he had not had the opportunity to review the draft. Assistant Town Manager Paul Niedzwiecki and hired planning consultant Patty Daley developed the proposal, Klimm said. Niedzwiecki was not immediately available for comment.

The Example

What Cambridge established in 1981 was a local process for creating "neighborhood conservation districts," in which residents would petition the city's historical commission to create a study committee for their neighborhood. The local process then parallels that of the state historic district act, requiring a study report on boundaries and historic and architectural justification for the district. The Cambridge City Council then must approve the district by a majority vote. Four such conservation districts have been created in Cambridge since 1981 and two earlier historic districts were created under the state.

The Barnstable proposal suggests a more unilateral approach. The ordinance was drafted by town staff, absent of any community groundswell for such historic protection in the Hyannis zoning districts outside of the existing historic district. The proposal also calls for a strictly administrative procedure for review of projects with no community-based commission or board, as contemplated by the state act and the Cambridge model.

The quick answer for the draft in its current form is expediency. The design and implementation plan (DIP) under development by the planning board and town staff will be the guiding document for projects under the newly adopted zoning. With a targeted Oct. 15 implementation date for the DIP, the need to have some level of design review in place prior to that date was seen as necessary, according to assistant town attorney Ruth Weil.

A Different Path

The Hyannis Main Street Waterfront Historic District was created by the town council in October 1996 after years of study and reporting through the state historic district act. An inventory of the historic buildings and settings within the district's boundaries was taken by volunteers and a report was filed with the Massachusetts Historical Commission. That public process met some resistance along the way from those concerned about excessive regulation on routine matters.

Paul Drouin is president of the Hyannis Civic Association and serves on the Hyannis Main Street Waterfront District Historic Commission. He said that the town has spoken with the commission about design review in the areas beyond the historic district's boundaries, but not the current proposal. Generally, though, he is supportive.

"Anything that gives us some continuity in design and design standards and review is a good thing," Drouin said.

The civic association has not discussed the proposal.

Broadrick said that while there could be broader applicability of such an ordinance townwide, "We are not there yet and not for single family dwellings."

If introduced this week, the plan was to forward the item to a Sept. 22 public hearing at town hall.